Process for Certification of Games and "Electronic, Computer, or Other Technologic Aids" as Meeting the Classification Standards, Proposed, 25 C.F.R. 546.9.

Forms and Documents

Document Name	Status
Paperwork Reduction Act Supporting Statement sept1.doc Supporting Statement A	2007-10-24

IC Document Collections

IC ID	Document Title	Status
182454	Proposed Classification Regulations	New

ICR Details

OMB Control No: 3141-0013	ICR Reference No: 200710-3141-013
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: NIGC	Agency Tracking No:
Title: Process for Certification of Games and "Electronic, Computer, or Other Technologic Aids" as Meeting the Classification Standards, Proposed, 25 C.F.R. 546.9.
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 02/19/2008
	Date Received in OIRA: 10/24/2007
Terms of Clearance: Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). In accordance with 5 CFR 1320, OMB is withholding approval at this time. The agency shall examine public comment in response to the NPRM and will describe in the preamble of the final rule how the agency has maximized the practical utility of the collection and minimized the burden.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Proposed 25 C.F.R. 546.9 creates a process for the submission (by game manufacturers), review (by independent testing laboratories), and approval (by Tribal gaming regulatory authorities) of Class II games and "electronic, computer, or other technologic aids," in order to ensure that the games and aids comply with the requirements of proposed Part 546. The information collected allows the National Indian Gaming Commission to oversee the process.

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Authorizing Statute(s): US Code: 25 USC 2701 Name of Law: Indian Gaming Regulatory Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3141-AA31	Proposed rulemaking	72 FR 60483	10/24/2007

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Proposed Classification Regulations

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This process will allow the tribal regulatory authorities and the Commission to assure that only Class II gaming machines are operated without a tribal-state compact. The proposed regulation sets out standards for the classification for gaming machines. These are new standards. While some tribes and states already collect information to classify games, such collection has not been uniform and it has resulted in classifications that are inconsistent with the Commission’s view on the gaming machines. The Commission has classified games on a case-by-case basis but ultimately has been unable to assure uniform compliance with the requirements under IGRA that Class III games be played only pursuant to a tribal-state compact. The case-by-case approach will be abandoned for the more uniform set of requirements in the regulations.

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Annual Cost to Federal Government: $314,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/24/2007

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